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| Spurred by ISIS Violence, Nations Mull How to Press for Justice in Conflicts | Spurred by ISIS Violence, Nations Mull How to Press for Justice in Conflicts |
| (about 21 hours later) | |
| THE HAGUE — Western governments have begun private talks aimed at coming up with fresh strategies to speed the process of judging those responsible for grave crimes in the conflicts in Syria and Iraq. | THE HAGUE — Western governments have begun private talks aimed at coming up with fresh strategies to speed the process of judging those responsible for grave crimes in the conflicts in Syria and Iraq. |
| Some governments have already been paying various groups to collect evidence of crimes in Syria since 2012. Now, spurred on by the recent escalation of violence by the Islamic State terrorist group, they are discussing ways to use national and international courts in anticipation of the capture of important suspects, diplomats said. | |
| The cases cannot go to the International Criminal Court because neither Iraq nor Syria is a party to it. A prosecution there would require a referral from the United Nations Security Council, which is unlikely. | |
| The next step in the talks will take place at the Dutch Mission to the United Nations in New York on Wednesday, coinciding with this year’s General Assembly debate. | The next step in the talks will take place at the Dutch Mission to the United Nations in New York on Wednesday, coinciding with this year’s General Assembly debate. |
| A dozen nations have been invited to the closed-door event hosted by the Dutch foreign minister, and they include Britain, Germany, Denmark, Norway, Switzerland and the United States, the countries that have donated money to the groups documenting crimes. | A dozen nations have been invited to the closed-door event hosted by the Dutch foreign minister, and they include Britain, Germany, Denmark, Norway, Switzerland and the United States, the countries that have donated money to the groups documenting crimes. |
| Most groups have focused on recording human rights violations and conducting interviews, but the most specialized is the Commission for International Justice and Accountability. Led by lawyers and former military intelligence officers who have worked in international courts in The Hague and elsewhere, the group has been collecting the kind of documents and official records needed for criminal investigations. | Most groups have focused on recording human rights violations and conducting interviews, but the most specialized is the Commission for International Justice and Accountability. Led by lawyers and former military intelligence officers who have worked in international courts in The Hague and elsewhere, the group has been collecting the kind of documents and official records needed for criminal investigations. |
| William Wiley, a Canadian veteran of investigations in the Democratic Republic of Congo, Rwanda and Yugoslavia who heads the group, is expected to present some of his findings in New York. | William Wiley, a Canadian veteran of investigations in the Democratic Republic of Congo, Rwanda and Yugoslavia who heads the group, is expected to present some of his findings in New York. |
| “We are collecting and analyzing evidence with a view to share trial-ready case files as well as our expertise with any legitimate judicial body, international or national,” he said in a recent interview. | “We are collecting and analyzing evidence with a view to share trial-ready case files as well as our expertise with any legitimate judicial body, international or national,” he said in a recent interview. |
| A separate team of investigators, who have asked to remain anonymous for security reasons, have been secretly investigating the Islamic State for war crimes since early this year. Their operatives in northern Syria have reported that Syrian rebels are holding a number of Islamic State fighters, but none are high-level soldiers or decision makers, one of the investigators said in an interview. | A separate team of investigators, who have asked to remain anonymous for security reasons, have been secretly investigating the Islamic State for war crimes since early this year. Their operatives in northern Syria have reported that Syrian rebels are holding a number of Islamic State fighters, but none are high-level soldiers or decision makers, one of the investigators said in an interview. |
| Some governments are insisting on the need for accountability, including the United States, whose ambassador for war crimes issues, Stephen J. Rapp, is expected to attend Wednesday’s planning session. | Some governments are insisting on the need for accountability, including the United States, whose ambassador for war crimes issues, Stephen J. Rapp, is expected to attend Wednesday’s planning session. |
| “The United States is committed to advancing accountability for the serious atrocities in Syria,” he said in a recent interview. “There needs to be a continuing conversation, and we must keep signaling to those overseeing atrocities that they will be held accountable.” | “The United States is committed to advancing accountability for the serious atrocities in Syria,” he said in a recent interview. “There needs to be a continuing conversation, and we must keep signaling to those overseeing atrocities that they will be held accountable.” |
| Mr. Rapp said one option could be to hold prosecutions where domestic criminal laws provide jurisdiction. “For example, if U.S. persons have been involved as victims or perpetrators in crimes, there may be jurisdiction under laws such as our war crimes statute or torture statute,” he said. | Mr. Rapp said one option could be to hold prosecutions where domestic criminal laws provide jurisdiction. “For example, if U.S. persons have been involved as victims or perpetrators in crimes, there may be jurisdiction under laws such as our war crimes statute or torture statute,” he said. |
| Another option now being quietly negotiated is to use courts in the relative safety of northern Iraq or elsewhere in the region where there is a reasonably well-functioning judicial system. | Another option now being quietly negotiated is to use courts in the relative safety of northern Iraq or elsewhere in the region where there is a reasonably well-functioning judicial system. |
| The legal foundation to try crimes committed in Iraq or Syria by their own citizens already exists in many countries if there is a political will, legal experts say. Most countries in the region, for instance, have signed the international convention banning torture, or the one against genocide. | The legal foundation to try crimes committed in Iraq or Syria by their own citizens already exists in many countries if there is a political will, legal experts say. Most countries in the region, for instance, have signed the international convention banning torture, or the one against genocide. |
| “At the very minimum we need to deal with the coordinated and organized crimes of ISIS,” said a European diplomat, who spoke on the condition of anonymity because a consensus on the options had not been reached. “Their persecution and killings among the Yazidis bore the hallmarks of genocide,” he said, referring to the members of an Iraqi religious minority who fled to a mountain to escape the marauding militants. “Their orders were: either convert or die.” | “At the very minimum we need to deal with the coordinated and organized crimes of ISIS,” said a European diplomat, who spoke on the condition of anonymity because a consensus on the options had not been reached. “Their persecution and killings among the Yazidis bore the hallmarks of genocide,” he said, referring to the members of an Iraqi religious minority who fled to a mountain to escape the marauding militants. “Their orders were: either convert or die.” |
| One further option is to follow the precedent set in Cambodia, where the General Assembly asked the secretary general to negotiate with Cambodia to set up a special court to deal with crimes by the genocidal Khmer Rouge. No Security Council vote was needed. | One further option is to follow the precedent set in Cambodia, where the General Assembly asked the secretary general to negotiate with Cambodia to set up a special court to deal with crimes by the genocidal Khmer Rouge. No Security Council vote was needed. |
| But legal experts say that persuading the General Assembly to set up another special court could create political mischief elsewhere. For example, such courts could be created to prosecute Western governments or Israel. | But legal experts say that persuading the General Assembly to set up another special court could create political mischief elsewhere. For example, such courts could be created to prosecute Western governments or Israel. |